DMCA TAKE-DOWN POLICY
Notice of Claimed Infringement
RATEYOURBURN, LLC (“RYB”) respects the intellectual property of others, and it is our policy to respond to clear notices of alleged copyright infringement. We observe and comply with the United States' Digital Millennium Copyright Act (hereinafter “DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide RYB’s Agent, listed below, with the following information:
1) a copy of the copyrighted work or other intellectual property and proof of ownership of the work that you believe has been infringed upon (“Proprietary Material”), for example, the proof of registration of the image under the DMCA;
2) sufficient detail of where the material that you claim is infringing (“Claimed Material”) is located on rateyourburn.com (the “Website”), for example, the exact URL for the page containing the Claimed Material;
3) sufficient information where RYB may contact you, for example, your address, telephone number, and/or email address;
4) a statement which states that you have a good faith belief that the use of the Proprietary Material listed above is not authorized by the copyright owner, its agent, or the law;
5) the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
6) Evidence to support ownership in the copyright and/or other intellectual property right(s) in the Proprietary Material, for example, a signature, electronic or physical, from a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/.
You may send or fax your Notice of Claimed Infringement to RYB’s designated agent (“Designated Agent”):
Robert L. Powley, Esq.
Powley & Gibson, P.C.
304 Hudson Street, 2nd Floor
New York, New York, 10013
Fax: 212-226-5085
Please do not send other inquires or information to our Designated Agent.
Please note that you will be liable for damages (which may include costs and attorneys' fees) if you materially misrepresent that any Claimed Material on our Website is infringing your copyrights or other intellectual property rights.
Notification and Take Down Procedures
RYB implements the following "notification and takedown" procedure upon receipt of any notification of claimed copyright and/or any other intellectual property infringement. RYB reserves the right at any time to disable access to, or remove any Claimed Material, Content, Contribution and/or activity accessible on or from the Website or any Claimed Material, Content and/or Contribution based on facts or circumstances from which infringing activity is apparent. It is the policy of RYB to terminate and/or freeze the account of repeat copyright infringers, when appropriate, and RYB will act expeditiously to remove access to all Claimed Material which infringes on another's copyright, according to the procedure set forth in 17 U.S.C.A. §512 of the Digital Millennium Copyright Act ("DMCA").
RYB’s DMCA Notice Procedures are set forth in the preceding paragraph. When the Designated Agent receives a valid notice, RYB will expeditiously remove and/or disable access to the Claimed Material and shall notify the posting user. Then, the posting user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the Claimed Material was removed because of misidentification of the Claimed Material. After the Designated Agent receives the counter-notification, it will replace the Claimed Material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
DMCA Counter-Notification Procedure
If the recipient of a Notice of Claimed Infringement (“Notice”) feels that the Notice is erroneous or false, and/or that the Claimed Material has been wrongly removed in response to a Notice as outlined in Section 5.12 above, the recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA. A counter-notification is the proper method for the recipient to dispute the removal or disabling of Claimed Material pursuant to a Notice. The information that a recipient provides in a counter-notification must be accurate and truthful, and the recipient will be liable for any misrepresentations which may cause any claims to be brought against RYB relating to the Claimed Material.
To submit a counter-notification, please provide our Designated Agent the following information:
A. A specific description of the Claimed Material that was removed or disabled pursuant to the Notice.
B. A description of where the Claimed Material was located within the Website before such Claimed Material was removed and/or disabled. Please provide the specific URL if possible.
C. A statement reflecting the recipient's belief that the removal or disabling of the Claimed Material was done so erroneously. For convenience, the following format may be used:
“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”
D. The recipient's physical address, telephone number, and email address. Written notification containing the above information must be signed and sent via mail or fax to RYB’s Designated Agent at the following address:
Robert L. Powley, Esq.
Powley & Gibson, P.C.
304 Hudson Street, 2nd Floor
New York, New York, 10013
Fax: 212-226-5085
Please do not send other inquires or information to our Designated Agent.
After receiving a DMCA-compliant counter-notification, Our Designated Agent will forward it to RYB and we will then provide the counter-notification to the entity who first provided the Notice concerning Claimed Material in the recipient's content. The Claimed Material will not be re-Posted to the Website by RYB until and unless RYB receives confirmation, signed by both parties, that the dispute has been resolved and the Claimed Material is no longer objectionable
RYB reserves the right to modify, alter or add to this policy, and all users should regularly check back this DMCA Take-Down Policy and the rest of RYB’s Terms and Conditions, the latest version of which can be accessed through the following
link
